Legal Question in Civil Litigation in California

I would like to know how I go about getting my court fees back ! I was sued wrongly

and after I paid the fees to contest this suit, went through all the paper work and filling, showed up at the hearing date to find out that this lawyer did a dismissal

without prejudice.So now I would like my $395.00 back from the courts or from him.

This was just a big runaround and put me through the hoops and then just drop the case. What will stop him from doing this over and over again so I pay over and over again? I would like my $395.00 back and to let him know this enough!


Asked on 2/07/12, 9:30 am

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

You could sue for maliscous prosecution for damages but that could cause further problems for you (Anti-Slapp laws)

What you may want to do and you need to do it promptly, within time deadlines, is submit a Memorandum of Costs (http://www.courts.ca.gov/forms.htm?legaltab) which can then be made a judgment for your appripriate costs, including your filing fee.

You may want to consult with attorney to see if a further lawsuit would be beneficial.

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Answered on 2/07/12, 9:44 am
Anthony Roach Law Office of Anthony A. Roach

You have to timely serve and file a memorandum of costs, after the dismissal. A dismissal is treated as a judgment.

A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of mailing of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first. The memorandum of costs must be verified by a statement of the party, attorney, or agent that to the best of his or her knowledge the items of cost are correct and were necessarily incurred in the case. (Cal. Rules of Court, rule 3.1700 subd. (a)(1).)

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Answered on 2/29/12, 12:30 pm


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